Study On Lowering The Minimum Age Of Criminal Responsibility

The criminal law amendment(11)regulates the criminal responsibility of juvenile delinquency through legislation.This has triggered heated discussions in all walks of life,and many scholars have discussed whether it is reasonable to reduce the age of criminal responsibility and the application of related charges.On the basis of the current research situation,this paper focuses on analyzing and sorting out the relevant provisions on reducing the minimum age of criminal responsibility newly revised in the legislation,thinking about the application of this provision in future judicial practice,and reflecting and studying the problems that may be encountered in judicial practice.This article is divided into four parts: the first part is a summary of the age of criminal responsibility of minors in China,which is respectively from the concept of criminal responsibility,the historical evolution of the age of criminal responsibility of minors in China and the provisions of the current criminal law on the age of criminal responsibility of minors in China.The main purpose is to have a basic understanding of the basic concept and development process of criminal responsibility in China.On the basis of combining past and current legislation,Only in this way can we have a more comprehensive thinking on legislation;The second part analyzes the conditions for the perpetrators to investigate criminal responsibility at the age of 12-14 years old,from the four aspects of charges,harmful results,plot restrictions and procedural restrictions.Through the understanding of these four restrictions,we know that the legislators’ provisions on reducing the age of criminal responsibility are not simple and hasty,but reflect the rigor of criminal law,And strive to guarantee and punish the legitimate rights and interests of minors equally;The third part analyzes the problems that may be encountered in judicial application after lowering the age of criminal responsibility based on the understanding of the second part,mainly from the perspective of how the perpetrator should be characterized when committing other criminal acts.It analyzes from three angles,one is the situation of aggravated crime,the other is the transformation crime,and the third is the situation of combined punishment for several crimes,The purpose is to provide guidance for future judicial application through the above analysis;The fourth part discusses from the perspective of judicial guarantee of reducing criminal responsibility.This part explores from two aspects: calling on the state to issue judicial interpretation as soon as possible and building corresponding systems.First,the judicial interpretation is issued to clarify the charges and circumstances in the legal provisions,and further clarify the prosecution procedure;Secondly,the corresponding staffing system should be constructed from three aspects: improving the elimination system of criminal record,juvenile justice system and special correction education.The purpose of improving the above three systems is to avoid the phenomenon that minors in conflict with the law are abandoned by the society due to their past behaviors in the future,so that minors in conflict with the law can be concerned,valued and cared for in judicial activities,and to actively carry out special correction education for minors in conflict with the law who do not constitute crimes.